Kurdistan Regional Government Challenges Budget Law Provisions in Court
The Kurdistan Regional Government (KRG) has lodged a legal challenge against certain provisions of the General Budget Law for the years 2023, 2024, and 2025, pertaining to the Kurdistan Region.
Khalil Doski, a member of the Parliamentary Finance Committee, revealed to Rudaw Media Network's reporter, Halkawt Aziz, on Thursday (July 15, 2023) that the KRG alleges these provisions were formulated in an unconstitutional and illegal manner, driven by political motives not in line with the interests of the Kurdistan Region.
Doski further clarified that Articles 11, 12, and 13, which specifically address the Kurdistan Region, contain paragraphs that have raised objections from the government and political parties within the region. As a result, the KRG has filed an appeal before the Federal Court.
Earlier in late June, Iraqi Prime Minister Mohammed Shia' Al-Sudani submitted a separate appeal to the Federal Court challenging 12 articles of the budget law. He requested the court to issue a provisional order suspending the implementation of these articles until a final ruling is issued, declaring their unconstitutionality and nullifying them.
The lawsuit, filed by Al-Sudani and his legal advisor Qasim Sahib Al-Sharifi, argues that certain provisions were included in the budget law without being part of the government's proposed legislation or amendments. According to the lawsuit, these additions violate constitutional principles both procedurally and substantively, contradicting established constitutional jurisprudence in Iraq.
Doski refuted the notion that the legal challenge would impact the disbursement of the Kurdistan Region's share, explaining that the appeal does not seek a provisional order to suspend the implementation of the disputed articles. Consequently, all provisions will continue to be executed until the Supreme Federal Court issues a final decision.
Doski also mentioned that the provisions relating to the Kurdistan Region will be modified in accordance with the final ruling issued by the Federal Court.
On June 26, 2023, the Budget Law was officially published in the Iraqi Official Gazette after receiving approval from President Abdul Latif Rashid on June 21, 2023.
The Iraqi Parliament approved the budget law in the early hours of Monday, June 12, 2023, following extensive debate and voting over a four-day period. Disagreements over certain articles, including Articles 12, 13, and 14, which pertain to the Kurdistan Region's share, marked the discussions.